AI-assisted research summary: This chapter requires municipalities to keep local traffic ordinances and related regulations consistent with state traffic law, forward ordinance copies to public safety, and follow listed rules for traffic control devices, citations, parking appeals, and school-zone cell phone ordinances.
Chapter 01. Alaska Uniform Traffic Laws Act. Sec. 28.01.010. Provisions uniform throughout state. (a) The provisions of this title and the regulations adopted under this title are applicable within all municipalities of the state. A municipality may not enact an ordinance that is inconsistent with the provisions of this title or the regulations adopted under this title. A municipality may not incorporate into a publication of traffic ordinances a provision of this title or the regulations adopted under this title without specifically identifying the provision or regulation as a state statute or regulation. (b) A municipality may adopt by reference all or a part of this title and regulations adopted under this title, and may request and shall receive from the Department of Commerce, Community, and Economic Development and, as appropriate, either the Department of Administration or the Department of Public Safety, assistance in the drafting of model ordinances for adoption by reference. Notwithstanding (a) of this section, a municipality may enact necessary ordinances to meet specific local requirements. (c) A copy of all traffic ordinances enacted by a municipality shall be forwarded to the commissioner of public safety and specific notice of any inconsistent ordinances shall be given by the municipality when the copy of the ordinances is forwarded. So far as practicable, the section number identifying a particular municipal traffic ordinance must be the same as the section number identifying a corresponding provision of this title or regulations adopted under this title. (d) A municipality shall erect necessary official traffic control devices on streets and highways within its jurisdiction that as far as practicable conform to the current edition of the Alaska Traffic Manual prepared by the Department of Transportation and Public Facilities. The municipality (1) shall post a sign indicating that the school is a drug-free school zone at each location in which it has installed a sign identifying the location of a school; (2) may post a sign at each recreation and youth center indicating that the center is a drug-free recreation and youth center zone; in this paragraph, recreation or youth center has the meaning given in AS 11.71.900 . (e) Copies of all traffic ordinances enacted by a municipality shall be incorporated in a manual and made available to the general public. (f) Regulations adopted pertaining to a matter partially or wholly governed by this title must be mutually consistent and compatible, and must complement each other, as far as practicable. For the purpose of uniformity, the Department of Administration or the Department of Public Safety, whichever is appropriate, shall offer and receive reasonable assistance in the coordination and adoption of these regulations. (g) Regulations adopted under this title must, as far as practicable, conform to the recommendations of the current edition of the Uniform Vehicle Code adopted by the National Committee on Uniform Traffic Laws and Ordinances. (h) A municipality may issue a citation for a traffic offense only if the citation complies with the provisions of AS 12.25.175 and 12.25.200. (i) A municipal parking citation trial or appeal process and fees charged for it must be substantially similar to the applicable trial or appeal process adopted by the Alaska Supreme Court or imposed by law. (j) A court may not enforce a municipal ordinance prescribing a penalty for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or refusal to submit to a chemical test unless that ordinance imposes ignition interlock device requirements under this title. Sec. 28.01.015. Municipal impoundment and forfeiture. (a) Notwithstanding other provisions in this title, a municipality may adopt an ordinance providing for the impoundment or forfeiture of a (1) motor vehicle, watercraft, or aircraft involved in the commission of an offense under AS 28.35.030 , 28.35.032, or an ordinance with elements substantially similar to AS 28.35.030 or 28.35.032; (2) motor vehicle involved in the commission of an offense under AS 28.15.291 or an ordinance with elements similar to AS 28.15.291 ; (3) motor vehicle used by a person whose license is suspended under AS 28.22.041 ; (4) motor vehicle used by a person who fails to carry proof of insurance as required under AS 28.22.019 ; or (5) motor vehicle used by a person who has $1,000 or more in delinquent traffic fines for moving violations committed within the municipality. (b) An ordinance adopted under (a) of this section may (1) include a fee for the administrative costs incurred by the municipality; and (2) be more stringent than or the same as but may not be less stringent than applicable provisions under this title or regulations adopted under this title. Sec. 28.01.017. Municipal regulation of cellular telephone use. Notwithstanding other provisions of this title, a municipality may adopt an ordinance prohibiting the use of a cellular telephone by a person driving a motor vehicle while on school property or in an active school zone designated under the current edition of the Alaska Traffic Manual prepared by the Department of Transportation and Public Facilities. A municipal ordinance adopted under this section may not prohibit the hands-free use of a cellular telephone. Sec. 28.01.020. Short title. This chapter may be cited as the Alaska Uniform Traffic Laws Act.